HomeMy Public PortalAboutRES-CC-2013-13RESOLUTION # 13-2013
A RESOLUTION ACCEPTING THE PUBLIC IMPROVEMENTS CONSTRUCTED IN
ASSOCIATION WITH THE SUBDIVISION KNOWN AS "THE PRESERVE SUBDIVISION PHASE
TWO" AND AUTHORIZING THE RELEASE OF THE PERFORMANCE GUARANTEE
ASSOCIATED WITH SAID IMPROVEMENTS
WHEREAS, the City of Moab (the "City") and Dennis E. and Patricia Byrd ("Owners") entered into a
Subdivision Improvements Agreement dated September 28, 2012 (the "Agreement") covering the public
improvements associated with the above named subdivision; and
WHEREAS, the Owners provided a Performance Guarantee in the form of a collateral pledge of property,
executed by a Trust Deed naming the City as beneficiary, in order to secure performance of the
improvements provided in the Agreement; and
WHEREAS, the Owners have performed all improvements pursuant to the Agreement; and
WHEREAS, City Staff has inspected the public improvements and found that they are fully acceptable in
their design, workmanship, and construction quality; and
WHEREAS, City Staff has certified that all charges for labor, materials, and/or services have been paid in
full and no liens have been attached against the property or the improvements; and
WHEREAS, the Owners will warrant the improvements for a period of one year from the date of approval of
this document; and
WHEREAS, A Street, Sanitary Sewer, and Water Systems Dedication and Warranty of Improvements
Agreement will need to be executed to formalize the dedication and warranty of public improvements; and
WHEREAS, pursuant to the Agreement, the Owners are entitled to a full release of the Performance
Guarantee;
NOW, THEREFORE, we the governing body of the City of Moab do hereby resolve to accept the public
improvements covered by the Agreement referenced herein, specifically street improvements, water system
improvements, sanitary sewer improvements, and storm drainage improvements located within the
subdivision and do hereby authorize the mayor to execute a Full Reconveyance of the Property identified in
the Trust Deed executed as the Performance Guarantee for the required improvements and to execute the
Street, Sanitary Sewer and Water Systems Dedication and Warranty of Improvements.
Passed and adopted by action of the Governing Body of the City of Moab, Utah in open session this
13th day of August, 2013.
David L. Sakrison
Mayor
ATTEST:
Rachel E. Stenta
City of Moab